Full Text of SB1376 100th General Assembly
SB1376enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Transportation Law of the
| 5 | | Civil Administrative Code of Illinois is amended by changing | 6 | | Sections 2705-400 and 2705-430 as follows:
| 7 | | (20 ILCS 2705/2705-400) (was 20 ILCS 2705/49.25a)
| 8 | | Sec. 2705-400.
Authorization concerning rail assistance
| 9 | | funds. The Department is hereby authorized to exercise
those
| 10 | | powers necessary for the State to qualify for rail assistance | 11 | | funds
pursuant to the provisions of the federal Regional Rail | 12 | | Reorganization
Act of 1973, the Railroad Revitalization and | 13 | | Regulatory Reform Act of 1976, or other relevant federal or | 14 | | State legislation, including but
not
limited to authority to do | 15 | | the following:
| 16 | | (1) Establish a State plan for rail transportation and | 17 | | local rail
services, including projects funded under Section | 18 | | 2705-435.
| 19 | | (2) Administer and coordinate the State plan.
| 20 | | (3) Provide in the plan for the equitable distribution of | 21 | | federal
rail assistance funds among State, local, and regional | 22 | | transportation
authorities.
| 23 | | (4) Develop or assist the development of local or regional |
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| 1 | | rail
plans.
| 2 | | (5) Promote, supervise, and support safe, adequate, and
| 3 | | efficient
rail services in accordance with the provisions and | 4 | | limitations of Public Act 79-834.
| 5 | | (6) Employ sufficient trained and qualified personnel for | 6 | | these
purposes.
| 7 | | (7) Maintain, in accordance with the provisions and | 8 | | limitations
of Public Act 79-834, adequate programs of
| 9 | | investigation, research,
promotion, and development in | 10 | | connection with these purposes and
provide for public hearings.
| 11 | | (8) Provide satisfactory assurances on behalf of the State | 12 | | that fiscal control and fund accounting procedures will be | 13 | | adopted by
the State that may be necessary to ensure proper
| 14 | | disbursement of and
account for federal funds paid to the State | 15 | | as rail assistance.
| 16 | | (9) Comply with the regulations of the Secretary of
| 17 | | Transportation of the United States Department of | 18 | | Transportation
affecting federal rail assistance funds.
| 19 | | (10) Review all impending rail abandonments and provide its
| 20 | | recommendations
on those abandonments to the federal Surface | 21 | | Transportation Board Interstate Commerce Commission .
| 22 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 23 | | (20 ILCS 2705/2705-430) (was 20 ILCS 2705/49.25g)
| 24 | | Sec. 2705-430.
Railroad freight service assistance; lines
| 25 | | designated for discontinuation of service or subject to |
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| 1 | | abandonment. The
Department
shall enter into agreements with | 2 | | any railroad as necessary to
provide assistance for continuous | 3 | | freight service on lines of railroads
within Illinois | 4 | | designated for discontinuation of service by the United
States | 5 | | Railway Association Final System Plan and not conveyed to a
| 6 | | railroad company other than Consolidated Rail Corporation. The | 7 | | Department
may enter into such agreements with any railroad as | 8 | | necessary to provide
assistance for continuous rail freight | 9 | | service
on lines of railroads within Illinois subject to an | 10 | | abandonment proceeding
in the federal Surface Transportation | 11 | | Board Interstate Commerce Commission or classified as | 12 | | potentially subject
to abandonment pursuant to Sections 10903 | 13 | | through 10905 of Title 49 of the
United States Code or upon | 14 | | which a certificate of discontinuance or abandonment
has been | 15 | | issued. The
Department shall make rail continuation subsidy | 16 | | payments pursuant to
the agreements. The agreements shall | 17 | | provide for a
minimum level of
service at least equivalent to | 18 | | that provided in calendar year 1975. The
agreements shall | 19 | | conform to relevant federal law. The Department shall
determine | 20 | | that all payments under this Section are eligible for federal
| 21 | | share reimbursement.
| 22 | | Any nonfederal share of the assistance provided under this | 23 | | Section
shall be provided by the Department. The State share | 24 | | may include funds,
grants, gifts, or donations from the federal | 25 | | government, any local public
body, or any person.
| 26 | | Reimbursements shall be deposited in the State fund from |
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| 1 | | which the
assistance was paid.
| 2 | | The Department shall provide technical assistance to any | 3 | | local public
body or rail user to ensure that rail freight | 4 | | services under
these
agreements are, to the extent possible, | 5 | | adequate to the needs of
Illinois citizens.
| 6 | | The Department shall review the effects of the rail freight | 7 | | service
assistance provided under this Section and shall report | 8 | | the results of
its review to the General Assembly each year not | 9 | | later than March 15,
reporting particularly on the service | 10 | | provided through the
assistance,
the utilization of rail | 11 | | freight service by shippers, and the cost
effectiveness of this | 12 | | rail freight service assistance program in
relation to the | 13 | | economy of this State .
| 14 | | The requirement for reporting to the General Assembly shall | 15 | | be satisfied
by filing copies of the report with the Speaker, | 16 | | the Minority Leader, and
the Clerk of the House of | 17 | | Representatives and the President, the Minority
Leader, and the | 18 | | Secretary of the Senate and the Legislative Research
Unit, as | 19 | | required
by Section 3.1 of the General
Assembly Organization | 20 | | Act and by filing additional
copies
with the State Government | 21 | | Report Distribution Center for the General Assembly
as is | 22 | | required under paragraph (t) of Section 7 of the State Library | 23 | | Act.
| 24 | | For the purpose of promoting efficient rail freight | 25 | | service, the Department
shall have the power to either grant or | 26 | | loan funds to
any railroad or unit of local government in the |
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| 1 | | State to maintain,
improve, and construct rail facilities. The | 2 | | Department shall also have the
power to grant or loan funds to | 3 | | any rail users located on an abandoned line,
unit of local | 4 | | government, or an owner or lessee of an abandoned railroad
| 5 | | right-of-way to undertake substitute service projects that | 6 | | reduce
the social,
economic, and
environmental costs | 7 | | associated with the loss of a particular rail freight
service | 8 | | in a manner less expensive than continuing that rail freight | 9 | | service.
To facilitate the continuation of rail freight | 10 | | services, the Department
shall have the power to purchase | 11 | | railroad materials and supplies.
| 12 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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